Resolution 1999-225
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RESOLUTlO:'> :"0.99-225
..\ RESOLUTIO:'> OF COLLIER COU:'\TY, FLORIDA. PURSl;ANT TO
SECTlO:" 1-19. COLLIER COU:'\TY ORDI:"A:'\CE :"0. 96-6. AS A'IE:"I)EI>.
APPROVI:"G THE TRA:'\SFER OF TilE GOLDEl'i GATE WATER ,\:'111>
WASTEWATER UTILITY FACILITIES A~D CONTROL OF SAil) FACII.ITIES
FRO'I FLORIDA CITIES WATER CO;\IPAl'iY TO TilE FLORII)..\
COVER:-;'IENTAL UTILITY AUTIIORITY. WITII :'\0 CIIA:'>CE I:'> SER\'ICE
AREA BOU:"D,\RIES OR SER\'ICE RATES. AS RECO:\I:\IE:"DEI) BY TIlE
COLLIER COU:"TY WATER AND WASTEWATER AUTHORITY,
WIIEREAS. Ordinance 1\0, 96.6. as amcnded. estahlished thc Collicr County
Watcr and Wastewater Authority (AUTHORITY) and specific powers and duties; ,ulll
WIIERL\S. on August 13, I <),)Ii. the Board of County Commissi"llers
I BO:\RO) granted Florida Citics \\'atcr Company watcr and wastewatcr certificatcs for
thc continucd pro\'ision of water and wastcwater Ircatment servicc to the (j"lden (iate
City arca; and
WIIERF:..\S. on :\Iarch I). I <)')'). the BOARD adopted Resolution '"s, ')').1 (,l)
alld (,WS-,),).I. executing an (nlerloeal Agrecment wilh thc Florida (j(l\'Crllllll'lltall !tilit~'
,\uthority (GUA). enabling the GUA to purchase the Florida Cities Water ('olllpany's
(jolden Gatc Utility Svstelll. while prcscn'ing ecrtain County opliolls I"r 1'1Iture
acquisition or said systcm. and prmiding for County to h,l\'c administrati\" ("'ersight
regarding future ratc illcreases. whcrcin thc (jUA agrecd to rcmit rcgulator\' asscssment
fees to County; and
WHERE,\S. Ordinancc :-';0, %-li, as amcnded. provides a proccss j(Jr utilities
undcr local jurisdiclion to file an application for transfer of water and/or wastewatcr
ccrtificatc. facilitics, or controL and
WIIERE.-\S. on April 15, I')')'). Florida Cities Watcr Company nRA'SFEROR)
filed an application for transfcr of its Golden (j,lIe L'tility Systcmto the GL\
(TRA;-';SFEREE); and
WHEREAS. on April 26, 1')9'). thc AUTHORITY considcrcd said application
during its rcgularly schcdulcd mecting for (he purposes of rceciving c\'idcnec and
lcstimony rcgarding thc application for transfcr submittcd by TRAl'SFEROR; and
WHEREAS, the AUTHORITY cstahlishcd findings of fact anti conclusions or
law pursuant to Ordinancc ;-';0, ')(J.C" as amcndcd. in fom1l11ating its rccollll11cndationlo
thc BOARD; and
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WHEREAS. thc AUTHORITY issued its Preliminary Order No, 9')-01.
incorporated hcrcin as Attachmcnt "An, rccommending that the BOARD approve thc
transfcr ofthc Goldcn Gate Utility System from TRANSFEROR. Florida Cilics Watcr
Company to TRANSFEREE. GUA. with no change to the current water and wastewater
scrviee areas or rate tari ITs.
:'\OW. THEREFORE. BE IT RESOLVED by the Board of County Commissioners of
Collicr County. Florida. that:
I, Thc AUTHORITY'S Preliminary Order No. 99-01. ineluding the tindings or
fact and conclusions of law, is hcrchy approvcd and adopted by the Board of COllnty
Commissioncrs,
2, pursuant to Section 1-19. Ordinance No. 96-6. as amendcd. thc Goldcn Gatc
Utility System is hereby transferrcd to the Florida Governmental Utility Authority for thc
continucd provision ofwatcr and wastewater service for the service arcas citcd at
,\ttachmcnt "A",
3. This action authorizes no change in the water and wastcwater ratc tariff on filc
with thc Collicr County Watcr and Wastewater Authority.
4. The "dcclaration of exemption" portion of the application is hcrchy limitcd to
the terms of the Intcrlocal Agreement cited by Resolution Nos. 99-169 and CWS.99-I,
adoptcd by the Board of County Commissioners on March 9.1999,
This Rcsolution adoptcd this / / ~ day of '72:) ~
sccond and majority vote favoring same,
.19')') aftcr motion.
ATTEST:
DWIGHT E, BROCK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,
by: ~(.~"nJ4, ~~
Deputy Clerk ,t,ttest as to Cha Ir1l4n
, s iyaatllrt on\J.
Approved as to form
and legal sufficicncy:
:J~ ?~
Thomas C, Palmcr
Assistant County Altomey
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